Verification of Lawful Presence for E&S Certification

Effective January 1, 2013, applicants seeking to obtain or renew Erosion & Sediment Control Certification for land disturbing activities must provide the GSWCC with the following items:

A signed and sworn affidavit verifying the applicant’s lawful presence in the United States

One of 16 secure and verifiable documents as required by Georgia law.

A Checklist for Verification of Lawful Presence within the United States.

Amendments to O.C.G.A. § 50-36-1, requires the Georgia Soil and Water Conservation Commission (Commission) to obtain a signed and sworn affidavit verifying the applicant’s lawful presence in the United States.

The law requires that any individual receiving a state and local public benefit must be able to verify their citizenship or legal immigration status to receive that benefit. The State of Georgia has defined Erosion and Sediment Control Certification as a public benefit. Thus the need for this additional step in the certification process.

Documentation Required

The Commission requires all individuals to submit a Checklist for Verification of Lawful Presence within the United States (checklist), along with one of three different affidavits from which the applicant must choose. This will provide the basis for his or her lawful presence in the United States and a legible photocopy of one of the 16 secure and verifiable documents listed as defined by O.C.G.A. § 50-36-2.

This documentation must be completed and submitted each time an individual takes a certification and/or re-certification course.

The State of Georgia has defined 16 documents that are secure and verifiable and can be used for the verification process. A list of those documents are available at http://law.ga.gov/immigration-reports.

Submitting the Documentation

Documentation may be submitted to the Commission via mail, prior to attending a course or at the certification/re-certification course. All Commission Approved Trainers will be Public Notaries. Individuals who elect to take an online re-certification course must complete and submit documentation to the Commission via mail.

An individual may attend a certification or re-certification course prior to having their citizenship verified. However, in the event that citizenship cannot be verified, the individual must understand that certification/re-certification will not be granted and the course fee will not be refunded.

Please contact the Commission’s Education and Certification Program at 706-552-4474 or email certification@gaswcc.ga.gov with questions.